Fathers and Children

One of the most peculiar features of Roman law was the father’s dominant position. In theory, he exercised an almost absolute authority, patria potestas, over his descendants until his own death. This should not be confused with the power of the kin. In societies where central power is weak, kinship groups have often taken a key role in securing internal order and external security. It is true that the system of patria potestas fulfilled some of these functions, providing a means of social control within the family. There was thus less need for direct state involvement in many areas.’ The Roman republic did not have a particularly strong central government, and even in the imperial era the machinery of the state was only slowly developing. However, the clans (gentes) had already lost all practical importance in Roman law.

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